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Admissibility of Digital Evidence

admissibility cybercrime

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Jovina Castillon Dimacale
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28 views10 pages

Admissibility of Digital Evidence

admissibility cybercrime

Uploaded by

Jovina Castillon Dimacale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Admissibility

of Digital
Evidence
Objectives

Understand the legal framework for Identify the requirements for


the admissibility of digital evidence. presenting digital evidence in court.

Discuss common challenges and


best practices.
What is Digital Evidence?

Definition:
Any information stored or transmitted in digital form that may be used in legal proceedings.
Examples:
Emails, text messages, social media posts.
Computer files, logs, and metadata.
Data from mobile devices, cloud services, and IoT devices.
Legal Framework

Governs the R.A. 10175


Rules on Electronic
admissibility of (Cybercrime
Evidence (A.M. No.
electronic documents Prevention Act of
01-7-01-SC):
and digital evidence. 2012):

Establishes standards Ensures evidence


for handling and Chain of Custody integrity from
preserving digital Rule: seizure to court
evidence. presentation.
General Requirements
for Admissibility

Relevance:
The evidence must be directly related to
the case.

Authenticity:
•Must be proven to be what it purports to
be.

Integrity:
Evidence must remain unchanged from the
time it was obtained.

Compliance with Legal Procedures:


Must follow laws on search, seizure, and
preservation.
Authentication of Digital Evidence

Methods of
Testimony of a person who created or
witnessed the creation of the evidence.

Authentication:
Comparison with an authenticated reference.
Hash values to confirm integrity.

Tools Used in Forensic tools like EnCase,


FTK, or open-source
Authentication: solutions.
Chain of Custody

Definition: Documentation showing how


evidence was collected, transferred, and stored.

Date, time, and location of evidence collection.

Key Components: Names of individuals handling the evidence.


Purpose of each transfer.
Best Practices for Preserving Integrity

01 02 03 04
Use Write Create Hash Secure
Blockers: Forensic Verification: Storage:
Prevent Copies: Work Use MD5 or Protect
alteration of with duplicates, SHA-1 hashes to evidence in
original data. not the original confirm data tamper-proof
evidence. integrity. environments.
Admissibility of Electronic Documents

Electronic Signature: Required under the Electronic Commerce


Act (R.A. 8792) for certain documents.

Proof of Authenticity: Testimony or expert witness confirming


reliability of electronic signatures.
Common
Challenges
Tampering and Alteration:
Claims that evidence was fabricated or modified.
Lack of Proper Preservation:
Mishandling evidence can render it inadmissible.
Jurisdictional Issues:
Difficulty accessing data stored abroad or on
cloud servers.
Encryption and Passwords:
Difficulty accessing secured devices or files.

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